Version 2.0 dated 21.12.2022
Welcome, we are glad you are visiting us! You rightly want to get fit and stay healthy. We therefore ask you to carefully read the following:
- ●Legal notices
- ●General Terms and Conditions (pur.Online GTC)
- ●Cancellation policy
You can find our Privacy Policy here:
pur.AG operates various online services, including websites and mobile applications (hereinafter referred to as "Apps"), through which PUR offers, in particular, training videos, seminar videos, informational content, coaching services in the form of free offerings and paid subscriptions, as well as the sale of physical goods. The aforementioned services are provided on the basis of the following GTC and may be cancelled in accordance with the following cancellation instructions.
Table of Contents
- ●A. General Terms and Conditions and Customer Information
- ●B. Cancellation Policy and Cancellation Form for Consumers in the Case of Subscriptions and Services
- ●C. Cancellation Policy and Cancellation Form for Consumers in the Case of Purchase of Physical Goods
- ●D. Model Cancellation Form (applies to both types of cancellation)
1. Provider, Customer Service, Applicability of GTC and Definitions
1.1. These GTC govern the contractual relationships between pur.AG, Viehweg 6, 35781 Weilburg, Commercial Register at the District Court of Limburg: HRB 4465 (hereinafter referred to as "PUR") and the users and purchasers of PUR's services and products (hereinafter collectively and gender-neutrally referred to as "Customers").
1.2. Our customer service can be reached at: Email:
hi@opti-life.com
, Phone: +49 6471 50 60 81.
1.3. The GTC apply to the respective offers and services in the context of which the GTC are incorporated into the contract.
1.4. Deviating terms and conditions of the Customers are not recognized, even if PUR provides services without objection, unless PUR expressly agrees to the applicability of the Customer's deviating terms and conditions.
1.5. Deviating GTC of the USER do not apply. They are also not applicable if PUR does not object to them.
1.6. "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.
2.1. The presentation of products in shops, apps, on websites, and in digital or printed brochures or catalogs, or comparable product presentations by PUR does not constitute a legally binding offer, but rather an invitation to submit an order and thus an offer from the Customer.
2.2. By submitting the respective offer, Customers confirm that, if they are consumers within the meaning of § 13 BGB (German Civil Code), they are of legal age; in the case of minors, the contract may only be concluded with all custodial parents.
2.3. Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to PUR when necessary for the performance of the contract. In particular, Customers must ensure that the email and delivery addresses provided are correct and that any impediments to receipt attributable to Customers are appropriately taken into account (e.g., by checking the spam folder of the Customer's email software).
2.4. Customers are asked to carefully read and observe the instructions during the ordering process and to use the available support functions of their software and hardware as needed (e.g., magnification or text-to-speech functions). Required information is appropriately marked by PUR for Customer recognition (e.g., by visual highlighting and/or asterisk symbols). Until the order is submitted, Customers can change and review the product selection and their entries at any time and go back in the ordering process or cancel the entire ordering process. For this purpose, Customers may use the functions available to them through their software and/or end devices (e.g., the forward and back buttons of the browser, or keyboard, mouse, and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by aborting the ordering process.
2.5. User accounts (so-called user accounts) are not transferable to third parties.
3.1. A "subscription" refers to the regular and paid receipt of services (use of the pur platform, videos, information, etc.) within an ongoing contractual relationship (also referred to as a "subscription agreement") over a defined period (also referred to as "subscription period").
3.2. In order to test PUR's offering and to use PUR's paid services, Customers must register with PUR. Upon submitting the registration form, Customers receive a confirmation email. When Customers click the confirmation link contained in this email and PUR activates the Customer's account, an initial contract for the trial use of PUR for the stated trial period is formed.
3.3. A contract for the provision of paid subscription services is formed when Customers select a package from the overview of available fitness packages, provide personal information (or have already provided it in the context of a trial account), select their payment method (PayPal or SEPA direct debit), and make the necessary arrangements and entries for payment. The ordering process is completed by clicking the "Upgrade to Paid" button.
4.1. The Customer may select products offered by PUR in its product range and collect them in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g., deleted. Otherwise, the Customer can initiate the completion of the ordering process.
4.2. By clicking the button that completes the ordering process ("Place Binding Order"), the Customer submits a binding offer to PUR to purchase the products in the shopping cart.
5. Contract Text and Contract Language
5.1. PUR saves the contract text and makes it available to the Customer in text form (e.g., by email or in print with the delivery of the order). The Customer can print the contract text before submitting the order to PUR by using the print function of their browser or the save function for web pages in the last step of the order.
5.2. The delivery and shipping fees incurred in addition to the purchase price are communicated or linked to the Customer in the respective product description and before the order is completed.
5.3. If Customers have created a customer account, they can view the orders placed in their account area. The full contract text is not accessible in the account area.
5.4. The contract language is German; contracts can be concluded in this language.
6. Fees, Invoices, Value Added Tax, Payment, Set-off
6.1. The fees are determined by the information provided for the respective subscription and shop offerings.
6.2. In the case of a subscription package, payments for the selected period are invoiced in advance. The billing period begins on the day the contract is concluded and ends one day before the same calendar day of the month in which the selected period ends.
6.3. Payments are to be made without deduction, discounts, or other reductions unless otherwise agreed.
6.4. PUR may change prices at the beginning of a contract term renewal with a reasonable notice period of at least one month to a reasonable extent. The adjustment is reasonable if, calculated on an annual basis, it does not exceed ten percentage points of the previous price. The same applies to price adjustments due to changes in the statutory VAT rate. If the Customer does not object to the change within a period set by PUR, the change is deemed approved by the Customer. If the Customer objects in a timely manner, PUR is entitled to terminate the usage contract at the time the changed prices are to take effect. PUR will inform the Customer of this in the announcement.
6.5. Invoices are provided exclusively in electronic form and can be accessed in the personal configuration menu in the Customer's user account after the billing period has expired.
6.6. Unless otherwise stated, all usage fees are in EUR and include value added tax.
6.7. Payment of fees can be made by direct debit or PayPal. In the case of direct debit, PUR will notify the Customer of the invoice at least seven days before the direct debit by email or in the personal configuration menu (shortened notification period).
6.8. When using financial institutions and other payment service providers, the terms and conditions and privacy notices of the payment service providers additionally apply with regard to payment.
6.9. Customers are asked to observe these terms and notices as well as information within the payment process. This is particularly because the availability of payment methods or the payment process may also depend on agreements between the Customer and financial institutions and payment service providers (e.g., agreed spending limits, location-restricted payment options, verification procedures, etc.). The Customer ensures that they fulfill the requirements necessary for successful payment using the chosen payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation, and authorization with payment services, and confirmation of transactions.
6.10. If a payment cannot be made or is reversed due to insufficient funds in the Customer's account, incorrect bank details, or an unjustified objection by the Customer, the Customer bears the resulting fees, provided the Customer is responsible for the failed or reversed transaction and, in the case of a SEPA transfer, was informed of the transfer in a timely manner (so-called "pre-notification").
6.11. Customers are only entitled to set off claims against PUR if the Customer's claim (counterclaim) is undisputed, legally established, or a pending legal dispute is ready for decision.
7. Subscriptions: Contract Renewal, Termination, Contribution-Free Pauses
7.1. The contract may be terminated by either party with one month's notice to the end of the agreed minimum term. The usage contract for a subscription package is offered in various terms (initial term). If no timely termination is given, the contract is extended for an indefinite period and can then be terminated by either party at any time with one month's notice (ordinary termination). For contracts concluded before 1 March 2022, the contractual terms in effect at the time of contract conclusion continue to apply.
7.2. Customers who provide a medical certificate evidencing a permanent illness or pregnancy that objectively prevents them from participating in training for at least four weeks may take contribution-free pauses for full billing months; the total term of the subscription is extended accordingly.
7.3. Termination is possible via the corresponding form in the profile area, a cancellation button, or by email to
hi@opti-life.com
, or by fax to +49 6471 506080, or in writing to pur.AG, Viehweg 6, 35781 Weilburg.
7.4. If Customers are in arrears with a payment equal to two monthly contributions, PUR may terminate the usage contract for good cause without notice and claim damages in accordance with statutory provisions.
8. Delivery and Retention of Title for Physical Goods
8.1. The ordered goods are delivered to the specified delivery address, unless different arrangements have been made.
8.2. If a payment service provider is used where a delivery address is stored and the use of the payment method by the Customer communicates this delivery address to PUR as the relevant address for the ordered delivery, the goods are delivered to the alternative delivery address.
8.3. If the delivery of the goods fails due to the Customer's fault despite three delivery attempts, PUR may withdraw from the contract. Any payments already made will be refunded to the Customer without delay.
8.4. If the ordered goods are not available because PUR is not supplied with this product by its supplier through no fault of its own, particularly with regard to ensuring supply and reasonable and feasible efforts on its part, PUR may withdraw from the contract. In this case, PUR will inform the Customer without delay and, if applicable, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, PUR will refund any consideration already provided by the Customer without delay.
8.5. If PUR provides advance performance, the delivered products remain the property of PUR until full payment has been made.
9. Health Notices and Obligations, and Limitation of Liability
9.1. All content provided by PUR serves exclusively informational and health-supportive purposes. This in no way replaces personal consultation, diagnostics, and treatment by a licensed physician. PUR does not provide recommendations regarding specific diagnostic or therapeutic procedures or specific medications. The content provided by PUR must not be used as a basis for self-diagnosis or self-medication.
9.2. It is the Customers' obligation to visit their general practitioner before entering into a contract and participating in exercises or courses (training videos) and to have themselves examined for physical fitness. Certain medical diagnoses suggest refraining from training. In the case of an existing pregnancy, training intensity and scope should be adjusted.
9.3. Customers are obliged to ensure free space, suitable footwear, and a non-slip surface for each training session. For the effectiveness of the training and to avoid postural or movement injuries, it is essential to follow the medically correct movement sequences demonstrated. If dizziness, discomfort, or pain occurs during training, the training must be stopped immediately and a doctor consulted.
9.4. PUR is liable if PUR or a vicarious agent of PUR breaches a material contractual obligation in a manner that jeopardizes the purpose of the contract and thereby causes personal injury. The liability threshold for other damages is gross negligence or intent on the part of PUR or a vicarious agent of PUR; in the case of negligent breach of a material contractual obligation that is not grossly negligent or intentional, liability is limited to damages that are typical and reasonably foreseeable for PUR at the time of contract conclusion.
9.5. The persons involved in the exercises (trainers, performers, participants, producers, or distributors) are not liable, without prejudice to the foregoing liability limitations and statutory limits, for personal injury, property damage, or financial loss resulting from the performance or imitation of the exercises shown.
10. Customer Obligations, Protection of Access Data
10.1. Customers are obliged to immediately communicate any changes to contract-relevant data such as name, address, email address, and bank details in text form (§ 126b BGB).
10.2. Customers must protect content from unauthorized use by third parties. In particular, they may not share their password with unauthorized third parties and must store the password securely to prevent unauthorized access. In digital media, the password should, as far as possible and reasonable for the Customer, only be stored in encrypted form. PUR will never ask Customers for their password. If there is reason to suspect that unauthorized persons have obtained knowledge of the password, Customers must change the password immediately and inform PUR to a reasonable and appropriate extent.
10.3. The Customer's payment obligation also applies to the extent that third parties have accessed the Customer's content, whether authorized or unauthorized, via the Customer's connection or using the Customer's password; this does not apply if the Customer is not responsible for such use.
10.4. Customers are liable to PUR for all damages, costs, and expenses arising from violations of the obligations under the usage contract with PUR, particularly those under Sections 12.3 and 12.4 of these GTC, and shall indemnify PUR and PUR's vicarious agents from any resulting third-party claims. This does not apply if the Customer is not responsible for the violation.
Technical Operation and Warranty
1. Right of Withdrawal
1.1. PUR guarantees a server availability of 97% on an annual average. Excluded from this are times when the servers are not accessible due to technical or other problems beyond PUR's control (force majeure, fault of third parties). Liability based on mandatory statutory provisions remains unaffected.
1.2. PUR may restrict access to the extent required by the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software, or stored data, or if interoperability of services or data protection requires it.
1.3. PUR will eliminate disruptions without delay within the scope of technical and operational possibilities. Customers are obliged to report technical disruptions recognizable to them without delay, but no later than within two weeks of becoming aware (fault report).
1.4. In order to fully use PUR's offering, Customers must use or enable current browser technology, for example by activating JavaScript.
1.5. In all other respects, the statutory rules on warranty, defect liability, and disruption of performance apply.
2. Copyrights, Usage Rights and Prohibitions
2.1. PUR provides training and seminar videos encoded and encrypted for streaming, whereby no permanent copy is created on the Customers' end devices.
2.2. PUR reserves the right to change the technical implementation of content retrieval if this becomes necessary for technical and legal reasons or for the protection of PUR's rights for compelling reasons, is reasonable for the Customer, and does not impair the Customer's contractual rights. Compelling reasons include, for example, changes in services by licensors or contractual partners of PUR, as well as adaptation of services to technical innovations. Insofar as a technical implementation affects the required system prerequisites for Customers, PUR will inform the Customer in text form (§ 126b BGB).
2.3. The content provided by PUR (including in particular training and seminar videos, as well as accompanying texts and components of websites and applications) is protected by intellectual property rights (in particular trademark and copyright law). Usage and exploitation rights lie with PUR or the respective rights holders. Customers agree to recognize and respect these intellectual property rights. Within the framework of the contract with PUR, Customers are granted a non-exclusive, non-transferable, non-sublicensable right to use the content in the private sphere for non-commercial purposes.
2.4. Otherwise, use and exploitation of the content is not permitted. In particular, copyrighted content from PUR may not be reproduced, distributed, made publicly available on the Internet or in intranets, or otherwise made available to third parties. Public reproduction, duplication, or other republication is not part of the contract and is prohibited. Furthermore, content may not be edited or modified, permanently stored, copied to physical media or mobile playback devices, reproduced, advertised, or distributed.
2.5. Copyright and protection notices may not be removed or altered. Customers may only use digital keys transmitted for the playback of content for that purpose and may not manipulate them.
3. Applicable Law, Jurisdiction, Online Dispute Resolution
3.1. For all legal relationships between PUR and Customers who are not consumers but entrepreneurs, the law of the Federal Republic of Germany applies, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
3.2. Insofar as the Customers are merchants, legal entities under public law, or a special fund under public law, or have no place of jurisdiction in Germany, the exclusive place of jurisdiction is Weilburg. Nevertheless, PUR is also entitled to bring an action at the Customer's place of business.
3.3. The EU Commission provides a platform for online dispute resolution, which is accessible at
https://ec.europa.eu/consumers/odr
. PUR is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
"Consumer" within the meaning of this cancellation policy is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (pur.AG, Viehweg 6, 35781 Weilburg, Germany, email:
hi@opti-life.com
, phone: +49 6471 506081, fax: +49 6471 506080) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services should commence during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Exclusion or Premature Expiry of the Right of Withdrawal
- ●The right of withdrawal expires prematurely if we have begun the performance of the contract only after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon commencement of performance of the contract by us, and we have provided you with the content of your declaration on a durable medium within a reasonable period after conclusion of the contract, but at the latest before the delivery of the goods or before the commencement of the performance of the service. We point out that we may make the conclusion of the contract dependent on the aforementioned consent and confirmation.
- ●The right of withdrawal does not apply to consumers who have their domicile, habitual residence, or delivery address outside a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract and delivery, and do not belong to any of these member states.
"Consumer" within the meaning of this cancellation policy is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (pur.AG, Viehweg 6, 35781 Weilburg, Germany, email:
hi@opti-life.com
, phone: +49 6471 506081, fax: +49 6471 506080) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you inform us about your withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
- ●The right of withdrawal expires prematurely for contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery.
- ●The right of withdrawal does not apply to consumers who have their domicile, habitual residence, or delivery address outside a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract and delivery, and do not belong to any of these member states.
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
pur.AG, Viehweg 6, 35781 Weilburg, Germany, email:
hi@opti-life.com
, fax: +49 6471 506080
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
________________________________________
Ordered on (*) ____________ / received on (*) _________________
________________________________________
Name of the consumer(s)
________________________________________
Address of the consumer(s)
________________________________________
Signature of the consumer(s) (only for communication on paper)
________________________________________
Date
________________________________________
(*) Delete as appropriate.
Notes on Returning Goods
- ●The following provisions mentioned in this section are not a prerequisite for the effective exercise of the right of withdrawal.
- ●Please do not send the goods to us carriage unpaid.
- ●Please return the goods as a prepaid parcel to the specified return address and retain the proof of posting.
- ●Please avoid damage to or contamination of the goods.
- ●Please return the goods, if possible, in the original packaging and outer packaging with all accessories and all packaging components. If you no longer have the original packaging or outer packaging, another suitable packaging should be used to ensure sufficient protection against transport damage and to avoid any claims for damages due to defective packaging.